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HomeMy WebLinkAboutMinutes Council 120596CITY COUNCIL REGULAR MEETING DECEMBER 5, 1996 The December 5, 1996, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:40 p.m. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The roll was called by the City Clerk and the following elected officials were found to be in attendance: Mayor Joseph Russo, Vice Mayor Lauren Furtado, Councilwoman Linda Monroe and Councilman David Clark. Councilman Jablin was not in attendance in observance of Hannukah. ANNOUNCEMENTS Mayor Russo stated that the announcements were as listed on the agenda and posted on the City's bulletin boards. PRESENTATIONS Police Chief FitzGerald made a presentation to Officer Carl Woods for his achievements at the National Police Motorcycle Skills Championship in Dayton Beach, Florida. Police Chief FitzGerald made a presentation to Officer Joseph Sheehan for participation in the Dublin City Marathon sponsored by the Leukemia Society of America. CITY COUNCIL REGULAR MEETING, 12/5/96 ITEMS BY MAYOR AND COUNCIL Golf Course Equipment City Manager Herakovich stated that the golf course was scheduled to replace Cushman Truckster vehicle in the 1996/1997 fiscal year budget. The City Manager stated that the Golf Course would be piggybacking off a bid from the City of Miami Beach in the amount of $11,700. Councilman Clark made a motion, seconded by Vice Mayor Furtado, to approve the purchase of one Cushman Truckster for the Golf Course, in the amount of $11,700. The motion was unanimously carried. Vice Mayor Furtado In response to Vice Mayor Furtado, Mayor Russo stated that the Council would consider appointing members to a task force for the revitalization and refurbishing of the older sections of the City after the first of the year. Vice Mayor Furtado stated that she would work with the City Clerk in obtaining names of residents and business owners that would be interested in serving on this Task Force. COMMENTS FROM THE PUBLIC Donna Lentz Donna Lentz, 513 Sandtree Drive, Palm Beach Gardens, addressed 2 CITY COUNCIL REGULAR MEETING, 12/5/96 the City Council expressing her concerns with the Palmetto Plantation project proposed to be built in Palm Beach County adjacent to the Sandtree Development. Ms. Lentz asked for Council support in objecting to this proposed project, and was informed that the City was in the process of expressing that objection to Palm Beach County and would continue to support efforts to defeat the project as proposed. Albert Key Albert Key, 3636 Betty Ann Court, Palm Beach Gardens, addressed the City Council expressing his concerns with the Palmetto Plantation project presently under review by Palm Beach County. In response to Mr. Key, Mayor Russo stated that the City of Palm Beach Gardens was not in the process of reviewing possible annexation of the proposed project. Louis Owens Louis Owens, 810 Sandtree Drive, addressed the City Council and expressed his concern with the proposed Palmetto Plantation project. Tony Anthony Tony Anthony, Holly Drive, Palm Beach Gardens, addressed the Council stating he had concerns with a letter he received from Assistant City Manager Greg Dunham. Mayor Russo, Greg Dunham and Mr. Anthony will meet on Thursday, December 19, 3 CITY COUNCIL REGULAR MEETING, 12/5/96 1996, to discuss his list of concerns regarding the Holly Drive construction project. Margie Maguire Margie Maguire, 528 Sandtree Drive, Palm Beach Gardens, addressed the City Council and expressed her concerns with the proposed Palmetto Plantation project. Mayor Russo Mayor Russo announced that the City received 8 bids regarding the bonds for the Municipal Complex Improvements and that they came in a 4.95% interest, which was lower than expected. CONSENT AGENDA Councilwoman Monroe requested that Resolution 173, 1996 and Resolution 174, 1996, be pulled from the Consent Agenda. Councilman Clark made a motion to approve the Consent Agenda, as amended. The motion was seconded by Councilwoman Monroe and unanimously carried. The following items were approved on the Consent Agenda: L Approval of Minutes of 11/14/96 City Council Special Regular Meeting. 1. Approval of Minutes of 11/21/96 City Council Regular Meeting. Resolution 173, 1996 Councilwoman Monroe noted that Resolution 173, 1996, had been amended per her discussions with the City Manager, removing a condition that required the negotiation of certain filing fees between the City Manager and the developer after a certain amount of CITY COUNCIL REGULAR MEETING, 12/5/96 square footage was reached. It was determined that this negotiating process was no longer needed as City Codes were specific about filing fees. Councilman Clark made a motion to approve Resolution 173, 1996, repealing Resolutions 148, 1990, and Resolution 99, 1991, which approved a partial replat of a portion of PGA National Commerce Park. The motion was seconded by Vice Mayor Furtado and unanimously carried. Resolution 174, 1996 Councilman Clark made a motion, seconded by Vice Mayor Furtado, to approve Resolution 174, 1996, approval of a replat of PGA National Commerce Park Plat No. 2. The motion unanimously carried. PUBLIC HEARINGS Resolution 163, 1996 Mayor Russo declared the Public Hearing open, which was duly advertised on 11/6/96 and postponed from the Regular Meeting of 11/21/96, and held on the intent of Resolution 163, 1996, consideration of approval for a variance to the requirements of Section 110.36C of the Palm Beach Gardens Code of Ordinances - Ground Signs for a variance of 15 feet from the required 50 feet for side setback requirements to allow a ground sign to be placed 35 5 CITY COUNCIL REGULAR MEETING, 12/5/96 feet from the south property line at Speedway- Starvin Marvin, 2490 PGA Boulevard. Mr. Chris Muerett of Meurett Signs stated that he will speak to representatives of Speedway - Starvin Marvin regarding the need to return to the City with an application for a Planned Unit Development for any improvements needed on this site since the City's Codes do not allow them to rebuild the existing sign. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to deny Resolution 163, 1996, seconded by Vice Mayor Furtado. The motion was unanimously carried. Resolution 169, 1996 Kim Glas- Castro, Planner, addressed the City Council stating that the City Council's thoughts from the previous meetings were incorporated into the vision documents. Rick Warner of the MacArthur Foundation addressed the City Council stating that the Foundation's silence on the vision documents should in no way be misconstrued as their approval of the vision document. Mr. Warner stated that the Foundation wished to continue dialogue with City staff regarding the document CITY COUNCIL REGULAR MEETING, 12/5196 and hoped that the Foundation and the City could work together in the future on the Visioning process. Members of the Council expressed their unhappiness with the Foundation expressing this viewpoint after years of working on the vision process. Mayor Russo stated that the Foundation had been included and attended all vision meetings and was disappointed that they would wait until the day of adoption to express this opinion. Mayor Russo stated that the City would be happy to continue to work with the Foundation as both entities were important to the well being of the City. Councilman Clark made a motion to approve Resolution 169, 1996, seconded by Vice Mayor Furtado. The motion was unanimously carried. Resolution 170, 1996 Attorney Steve Mathison addressed the City Council stating that he represented Island National Bank, and requested to amend the Gardens Plaza PUD to allow a monument sign on the north side of the site. Attorney Mathison cited traffic problems and stated that customers were unable to locate the banking facility. It was the consensus of the City Council that the City's Sign Code must be adhered to and requested that the petitioner consider 7 CITY COUNCIL REGULAR MEETING, 12/5/96 alternatives and return to the City Council with another plan monument sign. Resolution 172, 1996 Mr. Nadir Salour of BallenIsles addressed the City Council regarding Resolution 172, 1996, consideration of approval of Ballenisles Parcel 22, Entry Signs and Fountain. Mr. Salour presented the Council with color renderings and explained that there were no major differences in the entrance to Parcel 22 than the other approved entrances throughout the Ballenlsles community. Councilman Clark made a motion, seconded by Vice Mayor Furtado, to approve Resolution 172, 1996. The motion unanimously carried. REORDERING OF AGENDA Councilwoman Monroe made a motion, seconded by Vice Mayor Furtado to reorder the agenda to hear Items for Discussion. ITEMS FOR DISCUSSION Sports Authority Rich Walton, Planning and Zoning Director reviewed plans for the Sports Authority project, proposed to be located on Northlake Boulevard, adjacent to Costco. It was determined that the landscaping, parking and other elements of the proposed plans met 8 CITY COUNCIL REGULAR MEETING, 12/5/96 the City Codes. The City Council suggested, and the petitioner agreed, to change the signage to single colored channeled letters. The City Council suggested that the petitioner revise plans to reflect the amendment to the proposed signage and submit those plans to the Planning and Zoning Department. Once staff has reviewed the amended signage, the City Council would consider approval of the project on the Consent Agenda of the 12/19/96 Regular Meeting. Mission Statement City Manager Herakovich stated that staff has been working on the Mission Statement and that the Statement was one of the objectives from 1995/1996 Goals and Objectives List. It was the consensus of the City Council to change "guarantee a variety of quality services" to "guarantee high quality services ". It was further agreed that "a high quality of life" be included in the Mission Statement. Parcel M -3 City Manager Herakovich stated that Mr. Joel Channing, the developer of Parcel M -3 in PGA National, requested permission to erect dry models on this site so that he could build a model to show potential buyers during the seasonal time period. Mrs. Herakovich pointed out that the City's Code does not allow dry models, and required that all property must be platted before any dry models 9 CITY COUNCIL REGULAR MEETING, 12/5/96 were permitted. The City Attorney suggested that one way to do the dry models would be for the petitioner to appear before the City's Zoning Board of Appeals for approval for a waiver from the code requirements. Mrs. Herakovich stated that the reasoning behind not allowing the dry models before platting was because a plat laid out all encumbrances on property, including utility lines and easements, and that was why the Land Development Regulations were changed to require the plat to be approved first. Attorney Steve Mathison, representing Channing Corporation, addressed the Council asking for their approval of a waiver to allow the dry models. Mrs. Herakovich pointed out that the City Engineer strongly recommended against allowing any construction before approval of a plat. The City Engineer had received the plat from the developer and issued a 3 page memo of concerns and questions regarding the plat. The petitioner was encouraged to address the City Engineer's comments prior to appearing before the Zoning Board of Appeals. City Attorney David Acton confirmed that there was a waiver procedure specified in the City Code and it required the petitioner to appear before the Zoning Board of 10 CITY COUNCIL REGULAR MEETING, 12/5/96 CITY MANAGER REPORT Appeals. Attorney Acton stated that there was nothing to prevent the Council from making comments at this meeting regarding the petition and to ask that those comments be conveyed to the Zoning Board of Appeals. Mayor Russo stated that the City wanted to be protected dollarwise and any concerns expressed by the City Engineer should be addressed. Councilwoman Monroe questioned whether the City was really protected, stating that if this permission was granted for this petitioner it would have to be granted for others. Councilwoman Monroe felt that if the City was really protected then perhaps the Code should be changed for future requests. Mr. Channing stated that he would like to continue work up to the point of pouring concrete and asked that the Building Department be cooperative in sending inspectors to inspect the work that was being done. The City Council stated that the Building Department could not conduct inspections without an approval of a plat and asked that Mr. Channing discuss his options with the Building Official Councilwoman Monroe asked that staff research the dry model issue for Council discussion in the near future. 11 CITY COUNCIL REGULAR MEETING, 12/5/96 City Manager Herakovich stated that staff met with Commissioner Marcus and her staff concerning the permit the City has been given to clear the Prosperity Farms right -of -way in front of Prosperity Oaks to mitigate the flooding. Commissioner Marcus still had concerns regarding the clearing. City Manager Herakovich stated that the Business Survey was still being calculated, however, the students found the City's computers too slow and needed to make changes. The calculations should be finished after the holidays. City Manager Herakovich thanked the Mayor and Vice Mayor for their participation in the Holiday Tree Lighting Ceremony, and reminded Council members that Friday and Saturday were the dates for the Annual Holiday Bazaar, City Manager Herakovich stated that the City Engineer announced that Lynette Lanning would be leaving the firm in several weeks to relocate to Michigan and that the firm had sub - contracted with Maria Columbo to take care of traffic consulting. City Manager Herakovich thanked the Council for taking the time to complete her Performance Evaluation and presented calculations to the Council. Councilman Clark stated that in the next fiscal year 12 CITY COUNCIL REGULAR MEETING, 12/5/96 he wanted to discuss pension contributions for the City Manager and the ability to give the City Manager bonuses for exceptional accomplishments. Councilman Clark made a motion to approve a 4.5% increase for the City Manager based on her performance evaluations and to direct the Mayor to sign the Personnel Action Form, seconded by Vice Mayor Furtado. The motion was unanimously carried. ITEMS BY MAYOR AND CITY COUNCIL Vice Mayor Furtado Vice Mayor Furtado thanked City Attorney Acton for decisive advice given when one of the Council asked a direct question. Vice Mayor Furtado asked that staff give more direction opinions on issues, feeling that staff were the professionals and the Council relied on their professional opinions. Councilwoman Monroe Councilwoman Monroe reported on a recent Code Enforcement Board meeting, stating that the Board accepted a settlement of $43,000 from Pulte Homes, Councilman Clark Councilman Clark asked if the contract between Attorney Tom Baird and Watterson, Hyland, & Klett had been finalized. Attorney Acton stated that the Mr. Golis and Mr. Baird met yesterday 13 CITY COUNCIL REGULAR MEETING, 12/5/96 Baird met yesterday regarding the assignment of responsibility on pending cases under a subcontract and a final draft of the subcontract was in progress. CITY MANAGER It was determined that there would be a Council meeting on January 2, 1997. ADJOURNMENT There being no further business to discuss, the meeting was adjou d 10:58 p.m. 7 APPROVAL or J seph R. Russo Vice Mayor Lauren Furtado Attest: �eind Kosier, CMC, City Clerk 14 Councilwoman Linda Monroe Cicilman E 'c Jabl' Councilman David Clark